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By Prof. A. Damodaran Indian Institute of Management, Bangalore

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1 By Prof. A. Damodaran Indian Institute of Management, Bangalore
Collective Marketing: Adding Value With Geographical Indications, Certification Marks and Collective Marks By Prof. A. Damodaran Indian Institute of Management, Bangalore

2 Geographical Indications
An indication, appellation, device that is used to identify Agricultural, natural or manufactures goods Originating from a specified geographical region And essential qualities of the goods attributable to the region Most Commonly GIs comprise of name of the place of origin- Not mandatory However

3 Essentials A Product (no a process/service) A geographical Region
Link between the Product and the Region

4 Examples

5 GI Laws Provide… Restriction on use of GI without authorization
Prevents Registration/Use of GI as Trademarks Grant of monopoly to owner of the GI and its registered users Remedies for infringement

6 International Conventions
Article 22.1 of the TRIPS Agreement defines geographical indications as “…indications which identify a good as originating in the territory of a Member [of the World Trade Organization], or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin” Article 1(2) of the Paris Convention for the Protection of Industrial Property of 1883 (Paris Convention) refers to “indications of source” and “appellations of origin” as objects of industrial property

7 Protection of Appellations of Origin through registration
Lisbon Agreement on Protection of Appellations of Origin 1958: Article 2 defines Appellations of Origin “…the geographical denomination of a country, region, or locality, which serves to designate a product originating therein, the quality or characteristics of which are due exclusively or essentially to the geographical environment, including natural and human factors.” Protection of Appellations of Origin through registration Protection accorded for? (Article 3) “…any usurpation or imitation, even if the true origin of the product is indicated or if the appellation is used in translated form or accompanied by terms such as "kind," "type," "make," "imitation," or the like.”

8 Registration of GI International Registration National Registration
Under Lisbon System- Subject to refusal or invalidation, an appellation of origin which has been the subject of an international registration is to be ensured protection from the date of the international registration in each contracting country… National Registration Most countries have registrations systems for GI either under a special Statute or under Trademark Statute.

9 Collective Marks and Certification Marks
Collective Marks are Trademarks distinguishing goods/services of members of an Association of Persons from non members Certification Marks are marks applied on the goods and services certified by the proprietor of the mark to distinguish them from the goods and services not so certified

10 Protection of Collective/Certification Marks
Registration provided under Trademark Laws International Recognition sought under Madrid System Protection of use of a mark by a group of people

11 Indian Scenario The Geographical Indications Act 1999
Any association of persons, producers, organisation or authority can apply A producer of goods can apply for registration as an authorised user Registered proprietor or authorised users may initiate legal actions for infringement Even foreign applications are allowed

12 Registrations- Statistics
As in January 2013 Total Registrations- 184 Total Pending Applications- 200 Foreign Registrations- 08 Foreign Pending Applications-121 Total Authorised User Application- 1100

13 Some Popular Registrations
Indian Darjeeling Tea Agra Petha Kashmiri Pashmina Mysore Silk Foreign Scotch Whisky Napa Valley Wine Peruvian Pisco French Champagne

14 Position in South Korea
Law Trademark Act Agricultural Product Quality Control Act Definition an indication that identifies a good as originating in a certain region where a given quality, reputation or other characteristic of the good is essentially attributable to that region an indication displaying that agricultural products or processed agricultural products (excluding processed agricultural products in which marine products are used as a principal material or main ingredient: hereinafter the same shall apply) the reputation, quality and other attributes of which are essentially originated from the geographical characteristics of a specific region are produced and processed in the specific region; Scope All products: Geographical names can be registered as trademarks if they are “conspicuous” and have acquired sufficient distinctiveness through use.  Agricultural products and their processed products Regulatory Authority Korean IPO Minister for Food, Agriculture, Forestry and Fisheries- (National Agricultural Products Quality Control Service) Enforcement/Remedies Remedies for Infringement- prevention, damages, accounts of profit, recovery Prevention of Infringement and false Indications, Claim of Compensation

15 Some Examples

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18 Thank You.


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